Doyle v. City of Duluth
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $2,500 damages for personal injuries alleged to have been sustained because of a defective sidewalk. The cause came on for trial before Cant, J., and a jury, and defendant objected to the introduction of any testimony on the ground that the complaint failed to state a cause of action. The motion was granted, and the case was dismissed. From an order denying plaintiff’s motion for a new trial, she appealed.
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Action in the district court for St. Louis county to recover $2,500 damages for personal injuries alleged to have been sustained because of a defective sidewalk. The cause came on for trial before Cant, J., and a jury, and defendant objected to the introduction of any testimony on the ground that the complaint failed to state a cause of action. The motion was granted, and the case was dismissed. From an order denying plaintiff’s motion for a new trial, she appealed. Laws 1897, c. 248, relating to notices to the common council in cases of injuries from defective walks, etc., has no application…
1Opinion of the CourtStart, C. J.
This is an action to recover damages alleged to have been sustained by the plaintiff as the result of a defective sidewalk of the defendant city. The cause was at issue, and came on for trial before a jury. Thereupon the defendant objected to the introduction of any testimony, and moved the dismissal of the action, for the reason that the complaint did not state facts sufficient to constitute a cause of action, because it contained no sufficient allegation that notice of the plaintiff’s injury was presented to the common council of the city, as required by law. The trial court dismissed the…
2Cases cited1 opinion
- Bausher v. City of St. PaulSupreme Court of Minnesota · 1898
3Cited by21 opinions
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Nicol v. City of St. PaulSupreme Court of Minnesota · 1900
- Szroka v. Northwestern Bell Telephone Co.Supreme Court of Minnesota · 1927
- Kelly v. City of RochesterSupreme Court of Minnesota · 1975
- Lyons v. City of Red WingSupreme Court of Minnesota · 1899
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